Current through Reg. 49, No. 12; March 22, 2024
(a) In accordance
with Texas Government Code §
76.0051,
a community supervision officer (CSO) is authorized to carry a handgun or other
firearm while engaged in the actual discharge of the officer's duties if:
(1) The CSO possesses a current certificate
of firearms proficiency issued by the Texas Commission on Law Enforcement
Officer Standards and Education (TCLEOSE); and
(2) The community supervision and corrections
department (CSCD) director grants the authorization.
(b) This section does not authorize a CSO to
carry a firearm while off-duty.
(c)
The carrying of a handgun or other firearm by CSOs shall be done strictly in
accordance with Texas Government Code §
76.0051
and the authorization, policy, and procedures promulgated by the director as
set forth in subsection (e) of this rule.
(d) Prior to undergoing training to carry a
firearm, a CSO shall meet the following qualifications.
(1) The CSO shall be examined by a
psychologist or psychiatrist licensed in the state of Texas and declared in
writing by the psychologist or psychiatrist, using TCLEOSE approved forms, to
be in satisfactory psychological and emotional health for the carrying of a
weapon in the performance of the CSO's duties for which a certificate of
firearms proficiency is sought.
(2)
The CSO shall execute an instrument wherein the CSO acknowledges:
(A) It is unlawful for any person to possess
any firearm or ammunition who has been convicted in any court of a crime
punishable by imprisonment for a term exceeding one year; or who has been
convicted of any domestic violence crime, misdemeanor, or felony; or who has
been discharged from the armed forces under dishonorable conditions;
(B) It is the CSOs' responsibility to
immediately inform their supervisor and the CSCD director of any arrest,
charges, or conviction related to such crimes; and
(C) The CSO has never been convicted in any
court of a crime punishable by imprisonment for a term exceeding one year; has
never been convicted of any domestic violence crime, misdemeanor, or felony; or
has never been discharged from the armed forces under dishonorable
conditions.
(e) Each CSCD that elects to authorize
certain, or all, of its CSOs to carry firearms in accordance with the foregoing
requirements shall adopt written policies and procedures defining which of its
CSOs have authority to carry firearms and the limitations that apply to their
carrying and use of firearms. The CSCDs shall submit written policies and
procedures for review by the Texas Department of Criminal Justice Community
Justice Assistance Division (TDCJ CJAD) director. The policies and procedures
shall specify:
(1) The firearm training and
qualification requirements;
(2) The
handling, use, and storage of firearms;
(3) The types of firearms authorized;
and
(4) The process for reporting
and investigating incidents related to the possession or use of firearms by the
CSOs.
(f) Each CSCD that
elects to authorize CSOs to carry or use less than lethal weapons, such as
aerosol sprays, chemical agents, restraining devices, or stun guns, shall adopt
written policies and procedures defining which of its CSOs have authority to
carry such weapons and the limitations that apply to their carrying and use.
The CSCDs shall submit written policies and procedures for review by the TDCJ
CJAD director. The policies and procedures shall specify:
(1) The training, qualification, and
certification requirements;
(2) The
handling, use, and storage of the particular weapons and devices
involved;
(3) The types and
relevant specifications that apply to the less than lethal weapons that are
authorized; and
(4) The process for
reporting and investigating incidents related to the possession or use of less
than lethal weapons, such as aerosol sprays, restraining devices, or stun
guns.
(g) CSCDs that
elect not to authorize CSOs to carry firearms or use less than lethal weapons
in the performance of their duties shall adopt a written policy statement
disallowing such practices, as applicable. Each new CSO shall be notified of
these policies prior to an offer of employment by the CSCD.
(h) Requirements of the Texas Commission on
Law Enforcement Officer Standards and Education.
(1) The CSOs authorized by the CSCD to make
application to the TCLEOSE for certification in firearms proficiency in
accordance with the above provisions shall use TCLEOSE approved forms and
provide copies to the TDCJ CJAD and the CSCD.
(2) CSCDs shall conduct a comprehensive
background check on all CSOs seeking firearms certification.
(3) CSCDs shall maintain records of
background information obtained on all CSOs seeking firearms
certification.
(4) CSCDs shall
maintain records of annually required requalification on all CSOs obtaining
firearms certification.
(5) CSCDs
shall notify the TCLEOSE if a CSO's authority to carry a firearm is
rescinded.
(6) CSCDs authorizing
CSOs to carry firearms shall notify the TCLEOSE of the name, address,
telephone, and fax numbers of the CSCD director.
(7) Each CSCD shall allow the TCLEOSE and
other law enforcement agencies access to records pertaining to firearms for
auditing and investigation purposes.
(i) Community Supervision Officer Training
and Qualification Requirements.
(1) CSOs
shall not be granted permission to carry a firearm in the performance of their
duties unless that CSO has completed a firearms training program approved by
the TCLEOSE and has been issued a certificate of firearms proficiency by the
TCLEOSE as provided in subsection (a) of this rule. The firearms training
program shall be completed within six months after obtaining the TCLEOSE
psychological release as required in subsection (d)(1) of this rule.
(2) Firearms training provided to CSOs shall
be designed to prepare the CSOs to carry such weapons while conducting field
visits, participating in community based criminal justice initiatives with law
enforcement agencies, and in dealing with the safety and self-defense
considerations related to such activities.
(3) CSO qualification of weapons usage, a
periodic proficiency test, and documentation of training shall be completed in
the presence of a TCLEOSE approved instructor on a yearly basis in addition to
the required TCLEOSE certificate of firearms proficiency.
(4) Specific firearms and other weapons
training course guidelines and recommendations shall be published in the TDCJ
CJAD Weapons Procedures Guidebook.
(j) Ownership, Inspection, and Maintenance.
(1) CSOs authorized to carry weapons shall
provide their own weapons.
(2)
CSCDs shall appoint an individual within the department to be responsible for
yearly inspection and maintenance programs for firearms used by CSOs.
(k) Types of Firearms Authorized.
(1) CSOs are authorized to carry the
following weapons:
(A) Double action
revolvers; or
(B) Semi-automatic
pistols.
(2) Barrel
length of weapon shall be between two and five inches.
(3) Approved cartridges shall be:
(A) 9mm caliber;
(B) .38 Special;
(C) .357 Magnum;
(D) .357 Sig;
(E) .40 caliber;
(F) 10mm caliber;
(G) .45 caliber; or
(H) .380 caliber.
(4) Ammunition. All carried ammunition shall
be factory original loads of bullet weight between 85 and 230 grains, per
Sporting Arms Ammunition Manufacturer Institute (SAAMI) Guidelines.
(l) Reports to the Texas
Department of Criminal Justice Community Justice Assistance Division.
(1) Each CSCD shall have a written Use of
Force policy and a written procedure for reporting and investigating each
incident where a firearm or less than lethal weapon is discharged, used, or
drawn on an individual. The term "to draw" means to unholster a firearm in
preparation for use in self-defense against a perceived threat.
(2) Such procedure shall include:
(A) Notification of incidents;
(B) Procedures for interaction with outside
entities, such as local law enforcement and media;
(C) Internal investigation procedures;
and
(D) Employee support
components.
(3)
Notification of Incidents to the Texas Department of Criminal Justice Emergency
Action Center (EAC). Serious incidents, such as a CSO's drawing of a firearm on
an individual or the unauthorized use of a less than lethal weapon by a CSO,
shall be promptly reported to the EAC (936) 437-6600 and in all events within
24 hours of the incident. Incidents involving the discharge of a firearm shall
be reported to the EAC immediately, if possible, and in all circumstances
within three hours of occurrence. A preliminary written report of each of the
above-described incidents shall be sent to the TDCJ CJAD within ten days of the
occurrence.